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Good day, in reading the discussion, I think we need to separate the points:
One, the judge may have taken a dislike to an expert witness, but in my
review, he clearly stated what he saw as contradictions and inconsistencies,
if true. That should be a lesson to us in our reports and testimony. Know
our assignment and role. I have been deposed prior to cases and fortunately
was able to review my deposition prior to further questioning to make sure I
stated my answers well, or prior to cross examination have corrected the
statement listed in the deposition. This is an ongoing study and practice to
remain credible.
Two, With regard to the pre-determined knowing if something should happen or
recording inspections - in cities in the states, we need to be able to verify
our inspections and our call logs and work records are public information. I
have had to show that I did not have previous notice or was not called to
look at a site prior to an incident. In the same manner, if a location was a
busy place, there is a higher duty to inspect and an expectation that
"inviting" the public to a space - the space should be free of high risk or
even hazards.
We need to be thoughtful about how we speak of hazards, risk, and failures.
We can manage risk, we have to mitigate hazards, and we need to be able to
identify potential failures and provide appropriate mitigation where
possible. The use, activity, and invitation to a site may require a higher
standard of care and duty. Fortunately, we have the ability to show what we
could have seen from the outside based on our experiences with trees, which
supports Scott's discussion about what we should have known about and expect.
The discussion of how frequent an inspection needs to be and how well it is
documented will be discussions courts and settlements help shape... A
standard by an industry should help us perform our work to an accepted
practice and that should have some weight in a decision.
Gordon
-----Original Message-----
From: dscottcul@xxxx.net [mailto:dscottcul@xxxx.net]
Sent: Fri 8/22/2008 5:37 AM
To: UK Tree Care
Subject: Re: Atkins - Scott - Judgement
______________________________________________________________________
Career opportunities with Tim Moya Associates
SENIOR ARBORICULTURAL CONSULTANT SALARY GBP 33,158- GBP 38,791
ARBORICULTURAL CONSULTANT SALARY GBP 25,197 - GBP 30,657
Please visit our website, give us a call or send in your CV
www.tma-consultants.co.uk/jobs.php
______________________________________________________________________
SC insertions follow...
-------------- Original message from Simon Pryce Arboriculture
<simon@xxxxxxxxxxx.co.uk>:
I haven't checked a dictionary, but as I see it the words have distinct
meanings, or at least shades of meaning, although they are often mixed.
If something is foreseeable it means that it is likely to happen or
there is a possiblity of it happening at some point in the future, but
you can't say when, how etc. For it to be predictable you need to be
able to say with reasonable certainty when it will happen. I think
that's the point Chris was making earlier - if you buy a ticket its
foreseeable that you can win the lottery but, even though the odds are
known, its not predictable.
Most tree related events are foreseeable,
SC Let's take a closer look at that. If we do say "if you buy a ticket its
foreseeable that you can win the lottery" that is the same as saying it is
foreseeable that EVERY tree may fail. Somewhere in the literature there is a
statement that it is a function of the laws of thermodynamics that every tree
will fail... even if it is after it dies. And negligence does not attach to
every tree. I think the legal phrase is "reasonably foreseeable." Or
"unreasonable risk." So it becomes "how foreseeable?" We also see phrases
like "imminent risk." The degree to which that narrower foreseeability is
the same as predictability is a matter of a) how imminent we make the
foreseeability or b) how wide or narrow the prediction interval is. If both
are very specifc the terms converge. Otherwise they don't. In everyday,
practical terms, predictability is "it will fail Tuesday afternoon at 3," or
"it will fail in the next wind >30mph." Forseeability is "it is very likely
that it will fail in less than extraordinary conditions in the near term and
if it does it is very likely someone's head will be bashed." We might go
back to Mike's definition of the tree that's obviously "fecked." But that's
still not prediction. I drive by trees every day that have been "fecked" for
years and they are still standing there.
SC
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